Claiming divorced maintenance Unfortunately this specification of service has not yet been completely translated.

If you are legally divorced and you are unable to support yourself, you can demand reasonable maintenance from your former spouse.

In principle, you and your former spouse are initially obliged to provide for their own maintenance on their own responsibility after the divorce. If you are unable to do so after the divorce, you can assert a maintenance claim.
If you are unable to agree on an appropriate amount of maintenance with your divorced spouse, you can assert your divorced maintenance claim in court.
For details, please contact a lawyer.
Further information can also be found in the maintenance guidelines of the Higher Regional Courts.


  • Proof of income, assets as well as personal and economic circumstances
  • where appropriate, other supporting documents to be determined by the court
  • where applicable, written assurance that the information provided is truthful and complete

Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance necessary: if ordered


Preconditions

  • the spouses are legally divorced
  • Existence of a legal maintenance, for example maintenance due to child care, old age, illness, unemployment, top-up maintenance
  • Claim existed at the time of divorce
  • Need for marital living conditions
  • They must be in need.
    • Here, your income and your payment obligations as well as the obligation to work for yourself are decisive.
  • the claimant must be capable
  • Maintenance guidelines of the Higher Regional Court of Braunschweig
  • Maintenance guidelines of the Higher Regional Court celle
  • Maintenance guidelines of the Higher Regional Court of Oldenburg

Related Links

  • §§ 1569 to 1586b Civil Code (BGB)
  • § 111 Number 8 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • § 112 Number 1 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • § 113 paragraphs 1 to 3 and 5 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • § 114 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • §§ 231 to 248 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

An application for the assertion of divorced maintenance can only be submitted by a lawyer. This does not apply to proceedings for interim measures. Which family court is locally responsible for you will be determined for you by the lawyer commissioned by you.

  • The conduct of judicial proceedings is essentially governed by the rules on civil proceedings.
  • The court may require you and your former spouse to provide information about the respective income, assets and personal and economic circumstances. If you or your former spouse do not comply with this order within the set period, the court can independently obtain enquiries, for example from employers or insurance companies.

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Last update or date of publication
10.11.2020